Arbitration Clauses - Stewart McKelvey
Arbitration Clauses - Stewart McKelvey
Arbitration Clauses - Stewart McKelvey
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ARBITRATION CLAUSES<br />
Nova Scotia Commercial <strong>Arbitration</strong> Act (Cont’d)<br />
• (3) The court shall not set aside an award on grounds referred to in<br />
clause (1)(c) if the applicant has agreed to the inclusion of the matters<br />
in dispute, waived the right to object to its inclusion or agreed that the<br />
arbitral tribunal has power to decide what matters in dispute have been<br />
referred to it.<br />
• (4) The court shall not set aside an award of grounds referred to in<br />
clause (1)(h) if the applicant had an opportunity to challenge the<br />
arbitrator on those grounds pursuant to Section 15 before the award<br />
was made and did not do so or if those grounds were the subject of an<br />
unsuccessful challenge.<br />
24<br />
7<br />
2013 Construction Seminar<br />
Copyright © 2011 <strong>Stewart</strong> <strong>McKelvey</strong>
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